In the Business Formation workspace, we will cover the 3 initial phases of forming a legal business entity in Howard County, Maryland.
I. Initial Idea
II. Business Plan
III. Initial Registrations / Filings
Make sure to also leverage our customized library of FREE documents, which includes tools / templates and applications / guides to give your new business idea a jumpstart.
Relevant Documents for Business Formation:
The first task in starting any restaurant is to carefully build out your initial idea. This means conducting extensive research and brainstorming to determine your restaurant's core elements, which will be the backbone of your business plan.
The 3 core elements include the following.
A restaurant concept is the combination of cuisine type and restaurant style. Identifying your restaurant concept is very important because it defines the demographics and psychological traits of your customer base.
Cuisine Type
Cuisine types will dictate the psychological traits of your customer base. For example, an Italian restaurant has customers that are more family-oriented, traditional, and comfort-seeking while an organic, vegan grill has customers that are health-conscious and outdoorsy.
Restaurant Style
Restaurant styles will dictate the demographics of your customer base. These can include attributes like income level, age, and sex. In general, most restaurants can be categorized in one of the following four styles.
Determining your customer base is a critical part of starting a restaurant. Also known as your target market, your customer base will drive almost every decision you make, from your restaurant location to your marketing plans. Below are 5 elements to seriously consider when researching your customer base. The first two (customer descriptions and buying habits) are used to generate customer profiles and the last three ( customer location / density, capacity, and customer activity) are used for evaluating which areas are best for targeting those specific customers.
1. Customer Descriptions
Customer descriptions are used to better understand who your ideal customers are and what they all have in common. This means defining the demographics, psychological traits and behaviors of each customer.
For instance, the demographics of a consumer for casual dining establishments may include males and females, aged 30, married or seriously dating, an average income of $85k, and living in their first home. Their psychological traits may include being energetic and enjoying healthy lifestyles. Their behavior may include lots of travel and attending live concerts.
There are many ways to obtain this information including conducting in-person research. Visit restaurants with similar concepts, take notes on their mix of customers, and interview some of those customers directly. You can also leverage restaurant websites and observe who they are generally marketing towards.
2. Customer Buying Habits
Clearly understanding your customer’s decision-making process and buying habits is a key part of identifying your target market. When conducting in-person research, try obtaining answers to some of the key questions below:
For a more comprehensive list of profiling questions, make sure to leverage our Customer Profile Template.
3. Customer Location / Density
After describing your customer and understanding their buying habits, you can begin identifying the locations where they reside. One of the best ways to do so is through the US Census Bureau’s Quick Facts Tool. This tool allows you to search for population information by a wide range of topics that correspond to elements described in your customer profiles. Some of these topics include population size, age and sex, race and origin, education and health.
Before using this tool, try defining a restaurant location radius. In other words, obtain an initial range of zip codes that you can realistically open your restaurant in (e.g. areas that you can commute to). From there, you can leverage the tool to identify which communities in that location radius are best suited for your restaurant concept. For example, if you’re opening a fine dining restaurant and know that your ideal customer is a male who’s older than 65, you can determine which zip codes have the highest density of that customer.
4. Capacity
Once you determine an initial list of 5-10 communities, you need to verify whether those areas have or can attract a large enough population to satisfy your restaurant capacity. In other words, are there enough people in or flowing through those communities to keep a restaurant with your concept busy?
The first step would be to determine your restaurant concept’s potential capacity. For help in calculating this figure, make sure to leverage our Restaurant Capacity Tool.
The next step is to compare your capacity estimates with the community statistics you find. For example, if you estimate your restaurant to serve 50 customers a day and each customer eats at your restaurant once per month, you need to have a community that can result in at least 1,500 (i.e. 50 customers multiplied by 30 days) monthly customers. If the community has a total population of 50,000, this would mean that your ideal customers should comprise of at least 3% (1,500 divided by 50,000) of that community’s population.
5. Customer Activity
The last element to seriously consider regarding your customer base is their potential activity within communities. A good proxy for measuring potential activity is traffic. In other words, you want to ensure that there’s enough customer traffic (by foot and vehicle) in each of the communities you are examining. While a community may be highly populated, there may be specific areas within communities that very few people walk or drive by. Thus, low levels of traffic can significantly reduce the amount of customers you can attract.
A competitor is another business in the same industry as your restaurant concept that offers similar menu items, restaurant environments, or customers. Any business that has the potential to take away revenue streams from your restaurant concept should be considered competitors. As such, your competition should always be considered a source of inspiration and a reference point to help guide your decision making processes.
As part of your competitive analysis, it is best to categorize your competitors since most of your effort should be focused on analyzing competitors who pose the biggest threat. The main categories include the following.
Once categorizing your competitors, it is important to conduct a comprehensive assessment of each. You can leverage the following questions to help jump start your analysis.
For a more comprehensive approach to analyzing your competition, make sure to leverage our Competitive Analysis Template.
In addition to helping you appear more knowledgeable to potential investors, knowing your competition and understanding their strengths and weaknesses will help in implementing a marketing strategy that promotes your restaurant’s most appealing attributes.
A business plan is a roadmap for success for the first three to five years of your business. Writing a business plan will force you to critically think about various aspects of opening a business before you commit to opening. It is also the standard tool used when applying for funding or loans. Some governmental municipalities require a business plan to register as a business.
The 9 main elements that comprise a business plan include the following.
For further help in drafting a business plan, make sure to leverage our Business Plan Template.
General Advice
The Executive Summary is the opening section of your business plan. It will also be the most important part of the plan, combining the most essential elements of other sections of the plan to justify your confidence in the company. It tells your readers where your company is, where you want to take it, and why you will be successful. This is the first opportunity to interest possible investors. Often this section is done last as it is an overall summary of the business plan in general.
Your Executive Summary should include the following items.
For Completely New Businesses:
For Established Businesses (or AFTER operating for 1 year):
The Business Description will be the second element in your Business Plan behind the Executive Summary. The Business Description outlines the different elements and overall idea of your restaurant. Think of it as an extended elevator pitch that can help readers and potential investors understand the basics of your business and it’s distinguishing qualities. To create a successful description, focus specifically on why your idea differs from other existing restaurants and how those differences will lead to your success. Make sure to spend adequate time ensuring the wording of your description fully describes your vision and will appeal to others.
Your Business Description should include the following.
The Market Analysis section of the business plan should reflect on how your experience and market knowledge supports your restaurant's chances of success. The analysis should build on the research you conducted when examining your customer base and competitors. You should also explore the Marketing / Advertising Workspace as it will help you pick specific strategies for obtaining customers that comprise your market.
Your Market Analysis should include the following.
The Organization / Management section should include your company’s organizational structure, qualifications of management team, and any potential employee roles. The main goal of this section is to give potential readers confidence in the team you’ve assembled so far.
Make sure to leverage the Employee workspace for optimal management strategies and tips to follow when hiring staff. Employee regulatory and financial requirements are also covered in this workspace.
Your Organization / Management section should include the following:
This Service / Product Line section of your business plan involves describing what you plan to sell and how you plan to do so. This also includes how you plan to obtain the supplies and equipment to generate what you are selling.
Include specific information about how the products and services you choose will benefit customers. Talk about your ability to meet customer needs and any advantages you have over the competition. This section can also include any trade secrets or intellectual property rights you’ve acquired and how they will help.
For additional information, make sure to leverage the templates and content provided in the Supply Chain / Inventory workspace and Equipment / Technology workspace.
The Marketing / Advertising Section will outline your plan to attract potential customers to your restaurant. Your market strategy will be dynamic and will change as your business grows, but for the sake of your business plan you’ll want to outline any strategy you’re currently using or plan to use.
Make sure to leverage the Marketing / Advertising workspace for an in-depth analysis of what should go into a marketing plan as well as suggestions for effective marketing / advertising strategies.
Your Marketing / Advertising section should include the following:
If you plan to acquire funding you’ll need to give an overview on how much you need, how you plan to use the funds, and your strategy for repaying loans. Include the amount you want now to start your business and the estimated amount you’ll need in the future. Make sure to also include a time period for each stage of funding.
For additional information, make sure to leverage the Financials / Capital workspace, which provides guidance and templates for determining initial capital needs.
The Financial Forecast section in your business plan is meant to estimate your restaurant's future financial performance. It should be consistent with the information you provided in your market analysis and backed by evidence / data.
For additional guidance, refer to the Financial Forecast section and leverage our Financial Forecasting Tool.
This Appendix section should include any other information that is relevant to your business or directly requested by investors/creditors.
Depending on who is requesting the business plan, the appendix may include the following.
When starting a new restaurant, there are initial registrations and filings that are generally required after creating a solid business plan and before applying for any business loans, opening new business bank accounts, or leasing / buying any restaurant real estate.
While it is possible to implement these requirements on your own, we strongly suggest consulting an experienced lawyer or accountant to ensure you complete these tasks as accurately and efficiently as possible. Regardless, having a good understanding of the requirements and doing your own research upfront is always beneficial.
Below are the 4 steps in completing the initial registrations and filings generally required when starting a new restaurant.
The first step in creating a business in Maryland is registering your business and forming a legal business entity with Maryland’s State Department of Assessments and Taxation (SDAT). This requires that you determine which legal business structure is most relevant to your operations.
When starting a restaurant, the most common legal business structures include limited liability companies (LLCs), sole proprietorships, and partnerships. Under an LLC, your restaurant acts as a separate legal entity while, under a sole proprietorship, you and your restaurant are the same legal entity. Partnerships are very similar to sole proprietorships with the exception of multiple individuals or parties owning the business versus just one. These basic differences lead to several advantages and disadvantages for each structure and deciding between the three ultimately depends on what you value most.
Additional information can be found in our Legal Business Structure Guide.
Once you have decided on a legal business structure for your restaurant, the next step is to complete the necessary registration requirements. You can either register online through the Maryland Business Express Website or in-person at the Maryland State Department of Assessments and Taxation (SDAT) office (address and contact information included below).
For more information on how to register your business online, refer to the Maryland Business Express Website Guide.
After completing the registration, SDAT will issue its own identification number, usually beginning with a “D”, “F”, “W”, “L”, or “Z”. However, note that this identification number is NOT the same as the Federal Employer Identification Number (FEIN) soon to be described in STEP 3. The FEIN is generally the number required for opening any new business bank accounts.
Maryland State Department of Assessments and Taxation (SDAT)
301 West Preston Street, 8th Floor
Baltimore, MD 21201
Telephone: 410-767-1184 | Outside the Baltimore Metro Area: 888-246-5941
Maryland Relay: 800-735-2258
Email: SDAT.charterhelp@maryland.gov
If you decide to file your restaurant as an LLC, this step is not required as you will already be establishing a separate legal entity for your restaurant. However, if you choose a sole proprietorship and want to operate your restaurant under a different name, then you are required to register a business trade name with the Maryland Department of Assessments and Taxation.
This process of creating a fictitious business name, also referred to as “Doing Business As” (DBA), is generally the simplest and least expensive way for a small business to legally conduct business under a different name. For example, if Al Jones wants to open a sole proprietor burger business called “Burgers by Al Jones,” he needs to file a DBA for “Burgers by Al Jones.” The rationale is to create an official public record for identifying what individual(s) are running the business.
For more information on how to register your trade name online, refer to the Maryland Business Express Website Guide.
The third step is obtaining a Federal Employer Identification Number (FEIN). The FEIN is a unique nine-digit number used by the Internal Revenue Service (IRS) to identify a business operating in the United States. The IRS generally expects your business entity to be formed with the Maryland State Department of Assessments and Taxation (SDAT) before applying for a FEIN number. In other words, you will need to first register your business with SDAT as described in STEP 1 and STEP 2.
Note that your FEIN is different than the identification number assigned by SDAT after completing your registrations.
The easiest way to obtain an FEIN is by applying through the IRS website (the portal can be reached here).
***Note that Step 3 is the same task as Tax Requirement I in the Tax Workspace***
After registering your restaurant with SDAT (STEP 1 and STEP 2) and obtaining your FEIN (STEP 3), you will need to register the necessary tax accounts with the Comptroller of Maryland.
We highly recommend registering through Maryland’s Business Express Website. In this portal, you can implement a Combined Registration Application, which registers your restaurant’s tax accounts for Sales and Use Tax, Employer Withholding Tax, Unemployment Insurance, Admissions and Amusement Tax, Tire Recycling Fee and Transient Vendor License. While you may need additional tax registrations depending on your business, this should cover the majority, if not all, the tax registrations initially required for your new restaurant.
For more information on how to do this, refer to the Maryland Business Express Website Guide.
You can also download the registration form here and fax or mail it to the below address. However, note that this registration form is far more difficult to navigate than doing it through Maryland’s Business Express Website.
Central Registration
Comptroller of Maryland Revenue Administration Center
110 Carroll Street
Annapolis, MD 21411-0001
For additional information, you can refer to each of the Comptroller’s taxpayer service offices. In all of their locations, you can obtain personal assistance for setting up tax accounts and asking questions regarding your business.
***Note that Step 4 is the same task as Tax Requirement II in the Tax Workspace***